Los Altos residents have been concerned about the proliferation of e-bikes in our city, especially e-bikes ridden by children. As the city of Los Altos considers a new ordinance, it’s important to understand state laws on e-bikes and regular bikes.
Under California law Class 3 e-bikes, the fastest kind, are limited to a maximum of 28 mph, and cannot have throttles. Because they are so fast, they cannot be ridden by children under 16. Other e-bikes, the ones kids can ride, cannot go faster than 20 mph under power. No e-bike of any kind is allowed to be powered (either with a throttle or through pedal assist) to a speed greater than 28 mph. Anything faster than that is an electric motorcycle or motorbike of one kind or another, which has many more legal restrictions than an e-bike in the state of California: e.g., bikes have to be registered, riders need a license of one kind or another, riders have to wear a motorcycle helmet, things like that depending on exactly the parameters of the vehicle. I urge parents not to buy their children overpowered e-bikes over the internet; they’re dangerous for children, as well as being illegal.
If the city council wanted, they could instruct the police to crack down on illegal overpowered e-bikes. The police don’t want to do that, though; they justifiably believe it would be hard to distinguish legal from illegal bikes (although if they found an “e-bike” rider going faster than 28 mph, that would be de facto illegal).
Many residents believe the city should require riders of all ages to wear helmets. But the city does not have the power to do that; cities are not allowed to require adults to wear helmets. The proposed ordinance will require children to wear helmets, but that’s a nuance: The state already requires children to wear helmets, but if the city also requires the helmets, then police can charge a kid with violating the city ordinance, which will carry lesser penalties so the officer will be more likely to make the charge.
Some residents think the city should disallow Class 3 e-bikes, the fastest kind, from city streets. This, again, is not under the city’s power. All legal types of e-bikes are bikes, and like all bikes they must be allowed on public streets according to state law. Of course the city can crack down on illegal overpowered e-bikes already, because they’re already illegal.
The ordinance the council has instructed staff to produce will ban all bike riding on sidewalks throughout the city other than for safety reasons, will require children to wear helmets (already required by state law), and will ban dangerous stunt riding on streets (already illegal under state law). This looks like a sensible law, promoting safety without falling afoul of state law.
Paulson is a Los Altos resident.
